Is it possible to authorize the deputy to hold a dialogue in the second complaint-handling process in Vietnam?

Is it possible to authorize the deputy to hold a dialogue in the second complaint-handling process in Vietnam?

According to the provisions of Clause 1, Article 28 of Decree 124/2020/ND-CP, dialogue in the second complaint-handling process is as follows:

1. During the second complaint-handling process, the complaint-handling person must hold a dialogue.

a) If the complaint-handling person is the President of People’s Committee of district, Director of department of province or equivalent, he/she must have a dialogue with the complainant.

b) If the complaint-handling person is the Minister, Head of ministerial-level agency, or the President of People’s Committee of province, he/she must engage in a dialogue of a delicate complaint (the complaint by multiple complainants, receiving different opinions from competent authorities about the measure at issue, the complainant shows harsh attitude, the public is concerned about the case, the case affects political security and social peace).

In other cases, the complaint-handling person may designate his/her deputy or the head of specialized agency at the same level or the head of affiliated entity designated the verification duty to engage in a dialogue with the complainant. During the dialogue, the designated person must promptly report to the complaint-handling person on complicated issues going beyond their competence; and report the dialogue result and be held accountable for that report.

According to this Article, it is completely legal to authorize the deputy to hold a dialogue in the second complaint-handling process in Vietnam by the President of the People's Committee where you file the complaint.

What are regulations on second complaint in Vietnam?

Pursuant to the provisions in Article 4 of Decree 124/2020/ND-CP on second complaint as follows:

1. Within 30 days after expiry of complaint-handling time limit as specified in Article 28 of the Law on Complaints, if the first complaint remains unresolved or the complainant, after receiving the decision on first complaint handling, does not feel the complaint has been settled to his/her satisfaction, he/she may file the second complaint to the second complaint-handling person; regarding remote and isolated areas, the time limit may extend but not longer than 45 days.

If making the second complaint, the complainant shall file the second complaint together with the decision on first complaint handling, and supporting documents to the second complaint-handling person.

2. Upon expiry of the given time limit, if the first complaint remains unresolved, the complainant may file the second complaint with the second complaint-handling person, stating reasons and enclosing supporting documents of the complaint. The second complaint-handling person shall accept the complaint and proceed the procedures for handling of second complaint. The decision made by this person in this case is the decision on second complaint handling.

3. The second complaint-handling person shall take actions against the first complaint-handling person if finding any violation of law.

Above are the provisions of the law on the second complaint in Vietnam.

Is it possible to authorize another person to file a complaint in Vietnam?

Representative of complainant is specified in Article 5 of Decree 124/2020/ND-CP as follows:

1. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. If the complainant is a minor or legally incapacitated person, his/her legal representative shall file a complaint. The representative shall be determined as per civil law.

2. Corporate shall file a complaint through their legal representatives. The representative of the corporate may authorize a lawyer or another person with full legal capacity to file a complaint.

3. The authorization mentioned in clause 1, clause 2 of this Article must be made in writing and certified or notarized. The principal (in the letter of authorization) may authorize the complaining right to one or more authorized people with respect to varied contents of authorization but may not authorize the same content of authorization to multiple authorized people. The letter of authorization is made in accordance with Form No. 02 hereto appended.

4. If the complainant, while pursuing the complaint, dies with an heir of his/her rights and obligations as per the law, the heir may have the complaining right; the heir, upon filing the complaint, has to provide proof of right of inheritance for the complaint-handling bodies. The complainant may, on their own or authorizing a lawyer, legal aid provider or another person with full legal capacity, file a complaint. In case of multiple heirs, they may authorize another heir, a lawyer, legal aid provider or another person with full legal capacity to file a complaint.

According to this Article, you may authorize a lawyer, legal aid provider or another person with full legal capacity, file a complaint. This authorization must be made in writing and certified or notarized in Vietnam.

Best Regards!